Single-judge bench rejected bail application. Court directed sessions judge to conclude trial within one year. Bail denied pending time-bound trial conclusion.
Bail prayer rejected. Trial directed to be concluded within one year.
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43-ba-394-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.394 OF 2024
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.04.25 10:44:50 +0530
Amir Sarfuddin Khan ...Applicant vs. The State of Maharashtra ...Respondent
Mr. Rajendra Rathod a/w. Mr. Sameer Merchant, for the Applicant. Mr. S.R. Agarkar, APP, for the Respondent/State. Mr. Manoj Kudmate, PSI, Chembur police station.
CORAM : N. J. JAMADAR, J. DATE : APRIL 23, 2024
P.C.:
3] This is an application for bail. The first application was rejected by this Court by an order dated 3rd May, 2023. The said order was challenged before the Supreme Court. While dismissing the special leave petition as withdrawn, the Supreme Court had directed the trial court to ensure that an order on charge is made after hearing the parties, on its merits, within six months from the date of the said order.
4] The learned Counsel for the applicant submits that charge has yet not been framed. In the circumstances, it may be expedient to call a report from the learned Additional Sessions Judge seized with Sessions Case No.488 of 2021 arising out of CR No.37 of 2021 registered with Chembur Police Station regarding the stage and progress of the trial and, if charge has not been framed, the circumstances on account of which the charge could not be framed within the time stipulated by the Supreme Court.
3. The learned Additional Session Judge has submitted a report.
Vishal Parekar
...1
43-ba-394-2024.doc
A copy of the roznama is annexed to the said report. The Court is informed that the charge has been framed on 29th February, 2024. The learned Additional Session Judge has stated that the charge could not be framed as the accused were not produced from prison and the draft charge was also not filed by the parties, despite order dated 21st September, 2023.
Vishal Parekar
...2
43-ba-394-2024.doc
Additional Session Judge has indicated that the matter can be concluded within a period of one and half year, it may be expedient in the interest of justice that the trial is made time bound.
to make an endeavour to conclude the trial as expeditiously as possible and preferably within a period of one year from the date of communication of this order.
Application disposed.
(N. J. JAMADAR, J.)
Vishal Parekar
...3
2 issues framed by the court
Whether the applicant is entitled to bail due to delay in framing of charge and prolonged incarceration.
Whether the trial court ought to entertain the bail application on merits given the prior rejection.
Vishal Subhash Parekar
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
